News

City treads fine line in Ninersmeetings

NO PRIVATE DEALS MADE, COUNCIL MEMBERS SAY

By Julie PatelMercury News

Posted:
12/21/2006 09:40:06 AM PST

Updated:
02/13/2007 04:31:54 PM PST

As Santa Clara explores the idea of the San Francisco 49ers building a football stadium to boost the city's entertainment district, some legal experts caution that officials could be close to violating open meeting rules.

In question are a series of informal, private meetings team officials recently had with council members.

"Well-intentioned people can get themselves in trouble because they're not being sufficiently attentive to requirements of the Brown Act and it would appear the council members involved have come very close to the line," said Peter Scheer, executive director of the California First Amendment.

"Whether they crossed it yet is not obvious. If they continue these informal, closed meetings with selected board members, they're going to get themselves into trouble."

City officials say the discussions weren't aimed at building consensus about the project, so don't violate the Brown Act, which requires public notice of meetings, or a series of conversations, where a council quorum is present. But experts on open meeting laws say that's hard to confirm because the meetings were behind closed doors.

"That's the quandary," Scheer said. "If we knew exactly what was discussed, we wouldn't care so much."

Some officials are taking the concerns to heart.

"I think it reflects poorly on city and 49ers when there's a perception of a smoke-filled room where talks are going on," McLeod said.

In earlier meetings, four of the city's seven council members attended at least one of two meetings in November about the stadium.

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Several others on the council have had informal phone conversations about the idea.

Council members say the meetings have been informational and not meant to garner support. Assistant city attorney Helene Leichter said the council hasn't violated any rules.

"They've been careful not to have a quorum. To me, that suggests there aren't any Brown Act violations committed and in fact, that they are being conscious," Leichter said.

Santa Clara Vice Mayor Kevin Moore, the first city official to reach out about a stadium, said it's his job as an elected official to reach out to groups that could help improve the economic development of the city.

"When you know you're working to bring more entertainment venues and other large projects, which is our goal, you better go out and speak to these people so you can be informed," Moore said.

Moore added that he has talked to the press and the city managers about most of the meetings.

Council members received a memo about a month ago from the city attorney's office to remind them of open meeting rules. Leichter denied a request for a copy of the document, citing attorney-client privilege. In a similar reminder issued before council members met with Giants officials in 1989, city attorney Michael Downey wrote, "When you go to a meeting, there is always a potential to violate the Brown Act.

"Only you and the person at the meeting will know. If they ask your opinion on the stadium, that is getting into an area where you are asking for consensus."

The stadium was discussed - at a "very conceptual" level - at several meetings. 49ers owner John York and his son, Jed York, met with Moore and Mayor Patricia Mahan on Nov. 14 to get acquainted. On Nov. 27, Moore, Councilman Dominic Caserta and Joe Kornder - who had been elected to the council but not yet sworn in - met with former Councilman Gary Hansen, who outlined different ideas on how to finance the stadium.

MacNeil met with Mahan and a consultant on Dec. 7 to see whether she could advise him on "opinion leaders" he could reach out to. She said she told him not to speak to city council members until there is a proposal. He also spoke by phone with Moore, Caserta and Councilman Will Kennedy.

MacNeil met with city officials "to touch base and clear up misconceptions from media coverage," said 49ers spokesman Steve Fine, adding that they also discussed guiding principles for a stadium and other ideas the team would present in January. "He asked if they had any questions, and he was happy to address any questions."

Scheer said the easiest way to avoid problems is to allow any future meetings to be open to the public or possibly form an ad hoc committee made up of a minority of council members that would explore the idea.

The 49ers plan to present the city with principles that will guide the project at a January council meeting and city residents will have a chance to attend that meeting and weigh in.